Strengthening Prosecution Policy for Human Trafficking Crimes Based on Victim Rights Protection in Indonesia: Towards A Victim-Centered Prosecution Model

Abstract

Human trafficking constitutes a serious transnational crime that violates fundamental human rights and causes multidimensional harm to victims, including physical, psychological, social, and economic suffering. Although Indonesia has enacted Law Number 21 of 2007 concerning the Eradication of Human Trafficking Crimes, prosecution practices remain predominantly offender-oriented, emphasizing criminal punishment while providing limited attention to victims’ rights and recovery. Consequently, the realization of restitution, rehabilitation, compensation, and long-term social reintegration remains inadequate. This study examines the prosecution policy of human trafficking crimes from a victim rights protection perspective and proposes a victim-centered prosecution model as a framework for strengthening prosecution policies in Indonesia. Employing a normative juridical method with statutory, conceptual, and case approaches, the research analyzes legislation, court decisions, prosecution guidelines, and relevant scholarly literature. The findings reveal that existing prosecution policies have not fully incorporated victim protection principles into prosecutorial decision-making processes. Prosecutorial performance continues to be measured primarily through conviction rates rather than victim recovery outcomes. This article introduces a novel framework called the Victim-Centered Prosecution Model (VCPM), which integrates restorative justice principles, mandatory restitution claims, inter-agency coordination mechanisms, and victim recovery indicators into prosecution strategies. The study argues that strengthening prosecution policies through the VCPM framework would improve legal certainty, enhance victim protection, and contribute to a more equitable and responsive criminal justice system in combating human trafficking in Indonesia. The proposed model also offers policy implications for other developing countries facing similar challenges in balancing offender accountability and victim recovery within human trafficking prosecutions.